The Supreme Court of India has made it clear that social media influencers cannot misuse the right to free speech as a protective cover for creating controversial or offensive content.
A bench of Justices Surya Kant and Joymalya Bagchi observed that influencers often commercialize their statements, which means that once content falls under the category of “commercial” or “prohibited” speech, the constitutional right to free expression cannot be applied as a safeguard.
The ruling came in the backdrop of a case involving influencer Ranveer Allahbadia and five others — Samay Raina, Vipul Goyal, Balraj Paramjit Singh Ghai, Sonali Thakur, and Nishant Jagdish Tanwar. They were accused of mocking persons with disabilities during an online show, sparking outrage and legal proceedings.
Although the five influencers have already tendered apologies before the apex court, the bench has directed them to publicly apologize on their respective social media platforms as well. Moreover, they have been asked to take concrete steps to spread awareness about inclusivity and to file affidavits detailing efforts taken to support persons with disabilities.
Attorney General R. Venkataramani, representing the Centre, informed the court that discussions are underway with the Ministry of Information and Broadcasting and other stakeholders to frame proper guidelines for online speech. However, he highlighted the sensitivity of the matter since it touches upon freedom of expression.
The court stressed that while framing rules, the government must think broadly, keeping in mind future challenges of digital communication. It added that punishments for crossing limits must be proportionate to the harm caused, otherwise influencers may assume that a simple apology is enough to escape consequences.
The Supreme Court concluded that the remorse shown by the accused influencers must match the gravity of their misconduct, and only then will the question of penalties be considered.
